Practicing Success
In law, this phrase refers to a passage in a judicial opinion which is not necessary for the decision of the case before the court. It can be passing comments, opinions or examples provided by a judge. Which of the following phrase is being referred to here? |
Stare Decisis Per Incuriam Obiter Dicta Qui Facit Per Alium, Facit Per Se |
Obiter Dicta |
Obiter Dicta: It is a Latin phrase meaning “that which is said in passing,” an incidental statement. Specifically, in law, it refers to a passage in a judicial opinion which is not necessary for the decision of the case before the court. Obiter dicta can be passing comments, opinions or examples provided by a judge. Statements constituting obiter dicta are therefore not binding. For example, if a court dismisses a case due to lack of jurisdiction and offers opinions on merits of a case, then these opinions constitutes obiter dicta. An incidental and collateral opinion that is uttered by a judge but is not binding. |